Bail petition in a murder case where the petitioner caused firearm injury to his deceased brother. The High Court rejected the bail prayer due to lack of laches by the trial court and ordered trial expedited to conclude within nine months.
Bail prayer rejected; Trial Court directed to expedite trial to conclude within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14854 of 2019
Arising Out of PS. Case No.-2 Year-2017 Thana- BIBHUTIPUR District- Samastipur
======================================================
KAMAL KISHORE KAMAL, Son of Dasarath Mahato, Resident of VillageSalkhanni, P.S.- Bibhutipur, District - Samastipur (BIhar)
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh, APP For the Informant : Mr. Ashok Kumar Mishra, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
5/ 01-08-2019
Heard learned counsel for the petitioner and learned
APP for the State as well as counsel for the informant.
Petitioner seeks bail in Sessions Trial No.91 of 2018
arising out of Bibhutipur P.S. Case No.02 of 2017 instituted for the offence under Section(s) 302, 120-B/34 Indian Penal Code pending in the Court of the Additional Sessions Judge, Rosera, Samastipur.
In the written report, there is specific allegation against the petitioner of causing firearm injury in the temporal region of the deceased, who was his own brother. He died on account of aforesaid injury.
Prayer of the petitioners for bail was earlier rejected by co-ordinate Bench of this Court by order dated 17.07.2018
Patna High Court CR. MISC. No.14854 of 2019(5) dt.01-08-2019 2/3
passed in Cr. Misc. No.29203 of 2018 with direction to the trial court to expedite the trial and preferably conclude the same within one year.
Report has been received from the Court below from which it appears that three witnesses have been examined in the case. It is mentioned in the report that accused persons are being represented in different sets due to which cross-examination of the witnesses are being done separately on behalf of different accused and, therefore, trial could not be concluded within one year and it consumed lot of time. The trial Court has mentioned in the report that he would try to conclude trial within a period of six months.
This Court from the report of the Court below finds that there is no laches on the part of the Court.
Therefore, this Court is not inclined to enlarge the petitioner on bail.
Prayer of the petitioner for grant of bail is rejected at this stage.
The trial Court is directed to expedite the trial and make all efforts to conclude the same as early as possible, preferably, within a period of nine months from the date of receipt of a copy of this order either by fixing the case on day to
Patna High Court CR. MISC. No.14854 of 2019(5) dt.01-08-2019 3/3
day basis or by giving short adjournments.
(Sanjay Priya, J)
J. Alam/-
U
1 issue framed by the court
Whether the petitioner should be granted bail in the Sessions Trial arising out of the murder of his own brother.
Kamal Kishore Kamal
The State of Bihar
Sanjay Priya
Alam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
